Reference no: EM131233905

Whirlpool, a manufacturer of household appliances, uses a system of overhead conveyor belts to send a constant stream of parts to employees on the line throughout the plant. Beneath the conveyor belt is a netting or mesh screen to catch any parts or other objects that might fall from the conveyor belt.

Some items did fall to the mesh screen, located some  feet above the plant floor. Maintenance employees had the responsibility for removing the parts and other debris from the screen. They usually stood on the iron frames of the mesh screen, but occasionally they found it necessary to go onto the screen itself. While one maintenance employee was standing on the mesh, it broke, and he fell the  feet to his death on the floor below. After this fatal accident, maintenance employees were prohibited from standing on the mesh screen or the iron frames. A mobile platform and long hooks were used to remove objects.

Two maintenance employees, Virgil Deemer and Thomas Cornwell, complained about the screen and its safety problems. When the plant foreman refused to make corrections, Mr. Deemer and Mr. Cornwell asked for the name of an OSHA inspector, and Mr. Deemer contacted an OSHA official on July 7, 1974.

On July 8, 1974, Mr. Deemer and Mr. Cornwell reported for work and were told to do their maintenance work on the screen in the usual manner. Both refused on safety grounds, so the plant foreman sent them to the personnel office. They were then forced to punch out and were not paid for the six hours left on their shift.

Explain Mr. Deemer and Mr. Cornwall’s rights under OSHA. [Whirlpool Corporation v Marshall, 445 U.S. 1 (1980)]